KANSAS CITY -- JULY 25, 2013 -- It is always unsettling to hear reports of care center abuse or nursing home abuse, but in many situations the incidents are isolated. The problem is often with one or two staff members at a home who have committed care home abuse. So reading about situations in which dozens of employees at one care home are charged with abuse can be shocking.
The Inquisitr (7/2/13) reports that 21 employees at a Georgia nursing home have been charged after a three-month-long investigation into activities at the Alzheimer’s Care of Commerce. The 21 employees face more than 70 charges related to alleged physical abuse, neglect and financial exploitation of residents of the home.
Associated Press (7/2/13) reports that employees were alleged to have hit patients and thrown water on them. Three residents of the home were hospitalized after authorities raided the home. Authorities reportedly first learned of problems at the home when an employee complained. Included in those charged is the owner of the home.
A 2001 Congressional report, titled Abuse of Residents Is a Major Problem in U.S. Nursing Homes warned that early one in three U.S. nursing homes was cited for an abuse violation from January 1, 1999 through January 1, 2001. In all, 5,283 nursing homes received a citation for an abuse violation, for a total of 9,000 abuse violations. Each of these violations had the potential to result in harm to residents, and in 2,500 violations, nursing home residents actually did suffer harm or were placed in jeopardy of death.
Included in the violations were reports of physical, sexual and verbal abuse, including one nursing home attendant hitting a resident in the face and breaking the resident’s nose; nursing home employees hitting a resident with a belt, locking him in a bathroom and hitting him in the head with a book; a nursing home failing to protect residents from a violent resident who had 50 instances of abusive behavior; a nursing home attendant sexually abusing residents; and nursing home staff verbally abusing residents.
The report’s authors conclude that nursing home abuse is a “widespread and significant problem.”
Negligence occurs when a party fails to exercise proper care and, as a result, damages occur. Laws surrounding negligence and liability vary from state to state, so it’s important to contact a Kansas and Missouri injury attorney to represent you…
If you believe you were not represented properly by an attorney, a Kansas legal malpractice attorney can help determine if you may have a claim. As you can imagine, pursuing a claim against an attorney can be an uphill battle. Attorneys that may be p…
On April 24, 2018, attorney Patrick Hamilton obtained a $170,000 jury verdict in the United States District Court for the District of Kansas in a negligent misrepresentation case. Hamilton Law Firm’s client purchased a house in Kansas City, Missouri. Defendant Kathryn Sylvia was the seller’s real estate agent and an employee of defendant Platinum Realty. The sale was a “cash sale” in which payment was to be wired. The plaintiff received wiring instructions via email from Sylvia’s email account. Plaintiff forwarded the wiring instructions to his bank, which wired his money in accordance with the instructions. In actuality, the wiring instructions were prepared by a criminal hacker which caused plaintiff’s funds to be misdirected to Citi Bank in New York City. When the loss was discovered, plaintiff sued Sylvia and Platinum for negligent misrepresentation. The defendants claimed they did not email the wiring instructions to plaintiff and that plaintiff was comparatively negligent by not reviewing the wiring instructions before sending them to his bank. After a two day jury trial, the jury assigned defendants 85% of the fault and attributed 15% of the fault to plaintiff. Total damages were $196,622.67 with a net recovery to plaintiff of $167,129.27. Bain v. Platinum Realty LLC et al., Case No. 16-CV-02326-JWL.
On January 18, 2017, Hamilton Law Firm LLC obtained a $280,000.00 jury verdict in a legal malpractice lawsuit for Power Control Devices, Inc., an Olathe company specializing in the manufacture of electronic devices.
The underlying litigation involved a breach of contract lawsuit against Orchid Engineering, Technologies and Consulting in the Boston, Massachusetts area. After PCD’s case had been pending for almost two years, Orchid filed a motion for summary judgment contending the lawsuit was not filed before the statutes of limitation expired. The United States District Court for the District of Massachusetts agreed, dismissing Power Control’s claims as untimely.
Hamilton Law firm sued Power Control’s attorney in the underlying litigation, Michael “Mick” Lerner, for legal malpractice. After a seven day jury trial in Johnson County Kansas District Court, the jury returned a verdict in favor of Power Control. PCD Verdict Form 2617